Commonwealth v. Baldasaro

6 Citing cases

  1. Commonwealth v. Rivera

    13-P-1876 (Mass. App. Ct. Jun. 11, 2015)

    In addition, a detective's observations of a well-executed controlled buy can corroborate both an informant's veracity and his or her basis of knowledge. See Commonwealth v. Baldasaro, 62 Mass. App. Ct. 925, 926 (2004). There is no question that the controlled buys here fulfilled the minimum requirements.

  2. Commonwealth v. Baldasaro

    443 Mass. 1102 (Mass. 2005)

    Further appellate review denied. Reported below: 62 Mass. App. Ct. 925 (2004).

  3. Commonwealth v. Cortes

    No. 19-P-1594 (Mass. App. Ct. Dec. 30, 2020)

    These direct police observations and the controlled purchase established probable cause and compensated for whatever deficiencies existed under either prong of the Aguilar-Spinelli test. See Commonwealth v. Monteiro, 93 Mass. App. Ct. 478, 482-485 (2018); Commonwealth v. Baldasaro, 62 Mass. App. Ct. 925, 926 (2004). The affidavit stated that CS-1 and CI-2 provided information in the past that led to the arrests of individuals for narcotics-related charges.

  4. Com. v. Gonzalez

    93 Mass. App. Ct. 6 (Mass. App. Ct. 2018)   Cited 7 times

    The motion judge gave West's testimony regarding the CI's prior track record its plain and ordinary meaning, namely that on more than one previous occasion the CI had directly provided material information regarding violations of the law and, further, that the CI provided "substantive information." The judge's finding of fact comports with the language West used, the testimony that the informant had been reliable in the past, and the common situation presented in police work in which a CI provides material information regarding criminal violations and is then engaged to execute a controlled buy. See, e.g., Commonwealth v. Perez–Baez, 410 Mass. 43, 44–46, 570 N.E.2d 1026 (1991) (recitation that informant had "provided information" previously that led to arrests and seizure of cocaine sufficiently established informant's veracity); Commonwealth v. Mendes, 463 Mass. 353, 365, 974 N.E.2d 606 (2012) (CI provided information and made controlled buy); Commonwealth v. Baldasaro, 62 Mass. App. Ct. 925, 926, 818 N.E.2d 189 (2004) (same); Commonwealth v. Velez, 77 Mass. App. Ct. 270, 273, 929 N.E.2d 984 (2010) (same); Commonwealth v. Lima, 80 Mass. App. Ct. 114, 119 n.5, 951 N.E.2d 952 (2011) (same); Commonwealth v. Perez, 90 Mass. App. Ct. 548, 554, 60 N.E.3d 1188 (2016) (same). We also note that the CI knew specifically to telephone West to convey information regarding an individual's illegal drug sales in this case and that in anticipation of that conversation he had obviously noted the make, model, registration number, and color of that individual's vehicle, together with his method of operation, which suggests at least a likelihood that this was not his first tip. Additionally, we note that the detectives did corroborate several pieces of information from the CI before the stop, including the make, model, color, and license plate number of the vehicle that the defendant would be driving.

  5. Commonwealth v. Oquendo

    90 Mass. App. Ct. 1104 (Mass. App. Ct. 2016)

    Commonwealth v. Tapia, 463 Mass. 721, 730 (2012) (quotation omitted). See Commonwealth v. Baldasaro, 62 Mass.App.Ct. 925, 926 (2004). Moreover, “[a] controlled purchase of narcotics, supervised by the police, provides probable cause to issue a search warrant.”

  6. Commonwealth v. Figueroa

    74 Mass. App. Ct. 784 (Mass. App. Ct. 2009)   Cited 22 times
    In Figueroa, 74 Mass. App. Ct. at 785, 911 N.E.2d 206, there were also several complaints about heavy traffic going to and from the third floor of the defendant's building; some neighbors believed this was consistent with drug activity.

    Without question, a properly monitored controlled purchase of illegal drugs provides sufficient corroborating evidence to overcome any shortfalls in meeting the constitutional reliability requirements imposed on confidential informants. See Commonwealth v. Cruz, 430 Mass. 838, 842 n. 2 (2000); Commonwealth v. Baldasaro, 62 Mass. App. Ct. 925, 926 (2004). The defendant questions whether the controlled purchases here were, in fact, properly monitored.